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(영문) 서울중앙지방법원 2015.11.06 2015고단5735
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall photograph the body of another person, which may cause sexual humiliation or shame, against his/her will, by using a camera or other similar mechanism or apparatus.

Nevertheless, at around 14:59 on May 25, 2015, the Defendant taken the body of the victim, whose name is unknown, using the dynamic image recording function of the smartphone owned by the Defendant, from the subway No. 7, which is located in the subway No. 144-4, Dongjak-gu Seoul Metropolitan Government Sari-dong, the Defendant taken the fluor of the victim, where it is difficult to find out the name of the escalator who was exposed to the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure and list of seizure;

1. Application of Acts and subordinate statutes to photographs (goods seized and the details of damage);

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a judgment of conviction against the defendant on the criminal facts subject to registration of personal information has become final and conclusive by taking into account the defendant's age, occupation, character and conduct, family relationship, motive and manner of the crime of this case, attitude of the defendant after the crime, etc., and all of the sentencing factors indicated in the arguments, such as the defendant's age, occupation, personality and conduct, family relation, motive and manner of the crime of this case, and attitude of the defendant after the crime, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to related agencies pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, and disclosure order or notification order.

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